同种数罪处罚原则新说

On the Punishment Principle For Plural Crimes of A Kind In Our Country

数罪并罚问题无论是在刑法学理论上还是在司法实务中都是一个非常重要的问题 ,而同种数罪该不该实行并罚更是刑法学领域争论的焦点之一。目前 ,在司法实务中 ,大多是把其作为一罪从重处罚的。笔者认为 :同种数罪也是数罪 ,将其实行并罚制更有利于打击犯罪、体现罪刑相适应的原则 ,从立法技术的角度来看也更具科学性。

Joinder of punishments for plural crimes is a very important issue both in theory of science of criminal law and in judicial practice, while whether plural crimes of a kind should be given concurrent punishments is even more one of the controversial focuses in the field of science of criminal law. Presently, in judicial practice, they are given a severer punishment as one crime. The author holds that: plural crimes of a kind are also plural crimes, for which implementing the system of joinder of punishments is even more beneficial to the struggle against crimes and embodies the principle of suiting punishment to crime. From the angle of legislative technique, it is more scientific.